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Tukuafu v Latu anor [2006] TongaLawRp 21; [2006] Tonga LR 223 (7 August 2006)

IN THE COURT OF APPEAL OF TONGA

Tukuafu

v

Latu anor

Court of Appeal, Nuku'alofa
Webster CJ, Burchett, Salmon, and Moore JJ
AC 5/2005

7 August 2006; 7 August 2006

Practice and procedure – final orders – ordered to deliver up possession of land

The substantial issues were decided in a judgment delivered a year ago (see [2005] Tonga LR 344 (CA)). The question was now what final orders should be made.

Held:

1. It was clear that a monetary order against the first respondent was unlikely to prove fruitful and therefore the appellant sought only an order that the first respondent deliver up possession of the land to the appellant on a date about three months hence.

2. The Court ordered that the first respondent deliver up possession of the land on or before Wednesday the 15th of November 2006.

Counsel for appellant : Mr Niu
Counsel for first respondent : Mr Tu'utafaiva
Counsel for second respondent : Ms Simiki

Judgment

[1] The substantial issues in this appeal were decided in a judgment delivered a year ago. The question now before this Court of Appeal is what final orders should be made.

[2] After some discussion, in which it became clear that a monetary order against the first respondent would be unlikely to prove fruitful, Mr Niu said that his client sought only an order that the first respondent deliver up possession of the land to the appellant on a date about three months hence. The Court orders that the first respondent do so on or before Wednesday the 15th of November 2006, Mr Tu'utafaiva and Ms Simiki having nothing to urge against this course in the light of the Court's previous decision.

[3] Costs orders in respect of the appeal up to and including the judgment handed down at the last sittings of the Court of Appeal have already been made. In the special circumstances of this case, and Mr Niu not seeking any order, we make no further order as to the costs of any party.